Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S. 2(i)---Industrial Relations Ordinance (XCI of 2002), S.46---Grievance petition---Workman, status of---Determination---For invoking jurisdiction of Labour Court, an employee was required to prove by leading positive evidence that he was 'workman' within the definition contained in S.2(i) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which defined qualification to bring a person within ambit of workman---For deciding the question as to whether an employee would be falling within the definition of `workman' or not, designation of an employee or for that matter the wages being paid to him, would have no material effect and were of little consequence---Documents attached along with written statement legal/objections filed on behalf of employers, had clearly shown that petitioner, employee was checking the pumps and motors and making reports to the incharge about performance of the shift staff---Said documents had supported the plea of petitioner that he was performing manual and clerical duties as enumerated by him in his petition and affirmed in his affidavit-in-evidence---Petitioner was appointed as watchman in the year 1997 and at relevant' time he was working as Assistant Hawaldar---Employers had brought nothing on the record to show that petitioner was performing duties of supervisory or administrative nature---Labour Court, in circumstances had erred in recording findings that work being done by petitioner was supervisory in nature---Reasons assigned for holding petitioner as non-workman were fallacious, perfunctory and invalid---Findings of the Labour Court that petitioner was not covered by definition of `workman', being against the evidence, was liable to be reversed. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 12---Industrial Relations Ordinance (XCI of 2002), S.46---Termination of service---Grievance petition-Letter of termination issued to petitioner by employers, did not contain explicit reasons for termination of service as stipulated under…

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